Waste Application to Land: The Land‐Use Issue

Abstract

Projects for disposal of wastes by application to land must be implemented within a complex framework of institutional constraints, with landuse controls a significant component. Controls imposed by local government are the most direct form of constraint and include zoning ordinances and local environmental controls. Local governmental controls are especially significant where publicly owned land application projects are proposed outside the political boundaries of the owner since such location is likely to generate controversy. The applicability of local controls to extraterritorial projects varies under existing state enabling legislation and judical determinations. A second relevant land‐use constraint is the private lawsuit based on property rights. Landowners have the legal right to be free from unreasonable interference with the use and enjoyment of property. The rights of landowners adjacent to a land application facility therefore act as a constraint on offsite impacts and have some potential to provide a basis for legal prohibition of such facilities. Therefore land use controls, both publicly and privately enforced, are a determinant of the feasibility of land application proposals.